Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34185 of 2018 Applicant :- Smt. Nekasi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.,Akhilesh Srivastava,Anil Kumar Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Anoop Trivedi and Sri M.P.S. Chauhan, learned counsel for the applicant, Sunil Chaudhary, holding brief of Sri Anil Kumar Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Smt. Nekasi Devi in Case Crime No.13 of 2018, under Sections 147, 302 and 120-B I.P.C., Police Station Akrabad, District- Aligarh with the prayer to enlarge her on bail.
The submission of the learned counsel for the applicant is that the applicant is an old lady aged about 55 years and only role assigned to her is of hatching conspiracy regarding which no reliable evidence has been collected during investigation. The applicant is not named in the F.I.R. which was lodged after 36 hours of the incident. Lastly, it is submitted that name of the applicant surfaced in the confessional statement of the co-accused-Viresh Kumar. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.04.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that sufficient evidence regarding involvement of the applicant in the present crime has been collected during investigation and bail application of co-accused-Viresh Kumar has been rejected by this Court, therefore, the applicant may not be enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Smt. Nekasi Devi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 MN/-